Any suggestions on strategy to fight a speeding ticket.
09-21-2008, 05:21 AM
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Any suggestions on strategy to fight a speeding ticket.
Went out to dinner w/my wife in the A3 last night and got a !#$!@! ticket. Went through this small town. After town the road goes from 35 to 55 for about 15 miles before the next town. I was within 100 feet, eyesight of the 55 sign and accelerated. He clocked my at 51. We were in the 55 section when he pulled me over. Doing home work on at least making their life more difficult
Any strategies?
Chip
Any strategies?
Chip
09-21-2008, 06:23 AM
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There is another way.
You can plea to pay the fine if no points are issued. If it's a local cop in a small town and not a Highway Patrol or Sheriff. You plea with the district attorney's office via phone, and be prepared to fax a prewritten statement of guilt, along with a statment of the situation. Do not send it until the agreement is made. You can send them a copy of the ticket.
If you fight it it will be in person, and will likely loose. You can not adjust your speed until you have passed the sign.
If you fight it it will be in person, and will likely loose. You can not adjust your speed until you have passed the sign.
09-21-2008, 07:31 AM
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Re: There is another way.
Icon, lawyer is out. It's $115.
Badger..I may try that. It was a county sheriff. All the towns here are small. I've read about doing discovery on their radar units' calibration.
Was I speeding. Absolutely. Should I have waited till the sign. Sure. However there was almost no traffic, I was out of town, and I really think the cops should have better things to do. Go catch a criminal.
Badger..I may try that. It was a county sheriff. All the towns here are small. I've read about doing discovery on their radar units' calibration.
Was I speeding. Absolutely. Should I have waited till the sign. Sure. However there was almost no traffic, I was out of town, and I really think the cops should have better things to do. Go catch a criminal.
09-21-2008, 09:34 AM
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going to court will at least reduce the ticket...
probably won't get rid of it, but they would probably drop it to 0-15 before you even see a judge.
I've had about 15-20 tickets and everytime i've gone to court, they've dropped them to lesser fines. I didn't even deny doing it, they just didn't want to waste the time with the judge, so the DA signs off on a lower charge, without fail. This has all been in rural Maine (Franklin county) and rural colorado. So maybe I got lucky with the location, not sure.
You could definitely ask for his calibration and all that, but I find usually it's better to be honest and say, yep, I did that - sorry, what can you do for me? They have always been receptive.
I've had about 15-20 tickets and everytime i've gone to court, they've dropped them to lesser fines. I didn't even deny doing it, they just didn't want to waste the time with the judge, so the DA signs off on a lower charge, without fail. This has all been in rural Maine (Franklin county) and rural colorado. So maybe I got lucky with the location, not sure.
You could definitely ask for his calibration and all that, but I find usually it's better to be honest and say, yep, I did that - sorry, what can you do for me? They have always been receptive.
09-21-2008, 01:37 PM
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"within eyesight" of the 55 sign is a pretty tough sell in traffic court
But if your goal is "making their life more difficult" then you can likely do that...at a minimum.
It is a classic speed trap.
It is a classic speed trap.
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09-21-2008, 07:45 PM
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Write a writted declaration. Do not plead guilty. State that you were not speeding till....
after the sign as he most defintley pulled you over IN the 55 mph zone.
Always fight w/ written declaration. NEVER admit guilt either on the scene or in your defense.
Good luck
Always fight w/ written declaration. NEVER admit guilt either on the scene or in your defense.
Good luck
09-22-2008, 03:04 PM
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Depending on your town you might have some luck.
I was on a 45mph road that turned into a 35mph zone as it approached downtown, I was pulled over for doing 47mph in a 35mph zone but he clocked me while I was in the 45mph zone. He was heading the other way when he clocked me and had actually already passed me before I entered the 35mph zone. I used to run a motorcycle shop and was on a test drive after doing some work on an officers bike. When I saw the officer turn his lights on it never crossed my mind that I was getting pulled over for speeding. I figured it was the officer that owned the back and he was pulling me over to see how it turned out, which actually happened a good bit.
So I pulled into the first side street took off my helmet and was leaning against the bike by the time the officer pulled up.
I tried to point out that I was in a 45mph zone but he said that he was in the 35mph zone when he clocked me. I tried very politely to reason with him to no avail.
I went to traffic court and even pointed out that on the ticket it had the name of the street I was pulled over and it was only 30ft passed the 35mph sign and if I managed to see his lights come on and he passed me going the other way and I still had time to pull onto that street it was physically impossible I was in the 35mph zone. He said that the officer stated that I was doing 47mph in a 35mph and unless I had any witnesses there was nothing he could do. Sorry for the rant but it still pisses me off, I lost a lot of respect for law enforcement that day. This was a number of years ago.
I actually had a indecent that was absolutely insane, that got my blood boiling, I hired a lawyer knowing I would end up loosing money but it was such an injustice that I couldn't let it go. Unfortunately my previous job had me traveling about 250 days a year and after I had to postpone the court date 3 times I finally had to suck it up and pay the fines.
So I pulled into the first side street took off my helmet and was leaning against the bike by the time the officer pulled up.
I tried to point out that I was in a 45mph zone but he said that he was in the 35mph zone when he clocked me. I tried very politely to reason with him to no avail.
I went to traffic court and even pointed out that on the ticket it had the name of the street I was pulled over and it was only 30ft passed the 35mph sign and if I managed to see his lights come on and he passed me going the other way and I still had time to pull onto that street it was physically impossible I was in the 35mph zone. He said that the officer stated that I was doing 47mph in a 35mph and unless I had any witnesses there was nothing he could do. Sorry for the rant but it still pisses me off, I lost a lot of respect for law enforcement that day. This was a number of years ago.
I actually had a indecent that was absolutely insane, that got my blood boiling, I hired a lawyer knowing I would end up loosing money but it was such an injustice that I couldn't let it go. Unfortunately my previous job had me traveling about 250 days a year and after I had to postpone the court date 3 times I finally had to suck it up and pay the fines.